Legal Information

Submitted by Fantastiques on Mon, 07/06/2009 - 08:17

LEGAL NOTICE

The Mustela Foundation, under the aegis of the “Fondation de France” (“la Fondation Mustela sous l’égide de la Fondation de France”), is the editor of the website www.fondationmustela.com. This Website conveys institutional information on the Mustela Foundation, under the aegis of the “Fondation de France”, having its administrative secretariat at 10 Avenue de l’Arche – 92419 Courbevoie Cedex (France).

Mrs. Chantal LARCADE, in her capacity as Director Communication Mustela Foundation, is the responsible publisher of this Website.

This Website is hosted by the company Netbenefit: Green Side – BP 296 – 400 Avenue Roumanille – 06906 Sophia Antipolis Cedex (France) Tel: 33.4.97.21.22.12 – Fax: 33.4.97.21.22.11 – www.netbenefit.com

For any queries, please contact:

Fondation Mustela
10, Avenue de l’Arche – 92419 Courbevoie Cedex (France)
Tel: 33.1.43.34.65.04
Fax: 33.1.43.34.61.03.

TERMS OF USE

I. SCOPE

Access to this Website, as well as the use of its content, is made under these Terms of Use. Accessing and browsing this Website constitutes your unqualified acceptance of these Terms of Use.

II. TERRITORIALITY

The information on this Website is for use by residents in France. Other countries may have access to this Website, whose rules may be different from the French legislation. This Website may not be appropriate or consistent with the regulations outside of France.

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN IS NOT INTENDED OR APPROVED FOR USE IN THE UNITED STATES, OR BY U.S. CITIZENS OR U.S. RESIDENTS.

III. PERSONAL DATA

To view and visit this Website, you do not have to communicate personal data. The Mustela Foundation, under the aegis of the “Fondation de France”, may collect your personal data when you order prevention tools, submit an application form for awards and grants and/or subscribe to the electronic Newsletter on offer on this Website.

When you supply your personal data, you undertake to provide exact information which does not harm the interests or rights of any third party.

The information requested by the Mustela Foundation, under the aegis of the “Fondation de France”, is compulsory and in the event that you omit to answer any of the questions or refuse to communicate any of the information, the Mustela Foundation, under the aegis of the “Fondation de France”, will be unable to send you the prevention tools and/or the Newsletter or to register your application form.

If you no longer wish to receive the Newsletter, you may inform the Mustela Foundation, under the aegis of the “Fondation de France”, by clicking on the hypertext link "unsubscribe" which is given in each edition of the Newsletter.

The Mustela Foundation, under the aegis of the “Fondation de France”, is liable for the way the personal data is handled and is the sole recipient of such personal data. The Mustela Foundation, under the aegis of the “Fondation de France”, undertakes to ensure your personal data remain confidential.

In accordance with Law No. 78-17 of 6th January 1978 related to "computer, data and civil rights" ("relative à l’informatique, aux fichiers et aux libertés"), this Website has been declared to the CNIL (French data protection authority) (receipt No. 1273432) and you have the right to access, modify, correct or delete the personal data we hold. To exercise this right, you may contact at any time per mail:
Fondation Mustela – 10, Avenue de l’Arche – 92419 Courbevoie Cedex (France) – Tel: 33.1.43.34.65.04 – Fax: 33.1.43.34.61.03.

IV. COOKIES

To facilitate the use of this Website, we implant a cookie on your computer. A cookie does not allow us to identify you.

However, it records information about your computer's browsing on our Website (the pages you visited, the date and time of visit, etc.) that we can read during your subsequent visits. It may contain the personal information you provide to us to order our prevention tools, to subscribe to our Newsletter and/or to submit an application form.
This information will be stored in your computer for a duration depending on your computer configuration.

You may at any time object to the recording of cookies on your computer by configuring your Internet browser (menu "Tools" then "Internet Options").

V. NATURE AND SCOPE OF INFORMATION PUBLISHED ON THIS SITE

This Website may give access to opinions expressed by experts in a particular area in connection with the contents of this Website or published in excerpts from newspaper articles. Such opinions are those of the expert consulted or the author of the newspaper article and do not necessarily reflect the opinion of the Mustela Foundation, under the aegis of the “Fondation de France”.

This Website may also contain information on health, fitness, a medical area or treatment intended exclusively for human use. This information does not constitute medical advice and is posted on the Website for informational purposes only.

You must not use this information to make a medical diagnosis on an illness or physical problem or to prescribe or use drugs. You must consult your doctor or pharmacist who are professionals and are only authorized to provide advice tailored to your particular situation.

Hence, you acknowledge that no liability can be derived for the Mustela Foundation, under the aegis of the “Fondation de France”, from the information and services offered on this Website and you agree that such information and services are used under your sole responsibility, control and direction.

The information provided on this Website does not contain direct or indirect references to products or services.

VI. INTELLECTUAL PROPERTY RIGHTS

This Website is a work protected by intellectual property rights. This Website as a whole and each of its items (such as text, directory, software, animation, images, photographs, illustrations, diagrams, logos, sounds, music, bonus and downloadable goodies, etc.) are, unless otherwise specified, the exclusive property of the Mustela Foundation, under the aegis of the “Fondation de France”, which is solely entitled to use the intellectual property rights relating thereto.

Hence, pursuant to the provisions of the French Intellectual Property Code, the laws and regulations of all countries and the international conventions, the use of all or part of this Website, including by downloading, reproduction, transmission, representation or diffusion, to purposes other than for your personal, private non-commercial purposes is strictly prohibited. Violation of these provisions subjects you to penalties defined in the French Intellectual Property Code and the French Criminal Code (e.g.: provisions on copyright and trademark infringement), as well as the French Civil Code (e.g.: provisions on civil liability).

The founder of the Mustela Foundation, under the aegis of the “Fondation de France”, Laboratoires Expanscience, a company limited by shares with a board of directors (“société anonyme à conseil d’administration”) organized and existing under the laws of France, with a share capital of 3.081.420 €, having its registered office at 10 Avenue de l’Arche – 92419 Courbevoie Cedex (France), registered within the trade and company register of Nanterre under the number 331 930 081 and identified with the individual European VAT number FR 89 331 930 081, owns the trademark “Mustela®” and the domain name www.fondationmustela.com.

Other trademarks, domain names, and designs that appear on the Website are the exclusive property of the Mustela Foundation, under the aegis of the “Fondation de France”, unless otherwise specified. Any reproduction, use or alteration of these trademarks, domain names and designs, in any manner and for any purpose whatsoever, are prohibited.

The Mustela Foundation, under the aegis of the “Fondation de France”, is free to change at any time and without notice, the contents of the Website.

VII. PHOTO CREDITS

Image Source, Alain Goulard, Adeline Bommart, Barbara Vignaux.

VIII. WARRANTIES AND LIABILITY

The Mustela Foundation, under the aegis of the “Fondation de France”, strives to ensure that the information accessible through the Website is accurate and updated. However, the Mustela Foundation, under the aegis of the “Fondation de France”, does not in any way guarantee that such information is accurate, complete and current. The Mustela Foundation, under the aegis of the “Fondation de France”, makes no warranty, express or implied, concerning all or part of the Website. In particular, the information provided on this Website for whatever purpose can under no circumstances be considered as a medical advice. As a result, consulting this Website exempts you in no way from seeking the advice or assistance of a healthcare professional (physician, pediatrician, pharmacist, etc.).

Under no circumstances shall the Mustela Foundation, under the aegis of the “Fondation de France”, be liable for any direct or indirect damage, irrespective of the cause, origin, nature and consequence, arising from the consultation or use of the Website. In particular, the Mustela Foundation, under the aegis of the “Fondation de France”, shall not accept any liability in the event of an interruption to or inaccessibility of the Website, the occurrence of computer bugs or any damage resulting from the fraudulent acts of any third party (such as intrusion) using the Website.

The Mustela Foundation, under the aegis of the “Fondation de France”, implements measures aimed at ensuring the security of files including personal data collected on the Website. The Mustela Foundation, under the aegis of the “Fondation de France”, does not control the risks associated with the operation of the Internet and draw your attention to the existence of potential risks concerning confidentiality of information transmitted via this network.

IX. HYPERLINKS

The pages of this Website may contain hyperlinks to other websites operated by third parties. Our links to the websites of third parties are merely intended to facilitate browsing. The Mustela Foundation, under the aegis of the “Fondation de France”, has no control over the current or future contents of third-parties’ websites to which lead the hyperlinks of this Website. The Mustela Foundation, under the aegis of the “Fondation de France”, merely refers to these websites of third parties, but does not associate in any way for their contents.

Therefore, the Mustela Foundation, under the aegis of the “Fondation de France”, accepts no liability (especially as publisher) on access and/or content of websites of third parties. In particular, the Mustela Foundation, under the aegis of the “Fondation de France”, assumes no liability for any infringement of copyright, trademarks or other intellectual property rights that may result from access to a page by a hyperlink. Liability arising from any unlawful, improper or incomplete content on a third-party’s website, and in particular for any damage caused by the use or non-use of such content, is solely borne by the publisher of said website.

The creation of hypertext links to the Website, other than its home page, cannot be made without the prior written and express authorization of the Mustela Foundation, under the aegis of the “Fondation de France”, which authorization may be revoked at any time and without compensation. In any case, the pages of this Website shall not find embedded within the pages of another website. In all cases, a pop-up message shall inform the visitor that he is leaving the third-party’s website.

X. MODIFICATION OF THESE TERMS OF USE

The Mustela Foundation, under the aegis of the “Fondation de France”, informs you that these Terms of Use may be modified at any time without notice. These changes are published online and are deemed accepted without reservation when you access the Website after they are posted online. We recommend that you regularly consult this section.

XI. DISPUTES

These Terms of Use comply with the French law, including the provisions of Law No. 2004-575 of 21st June 2004 related to "trust in the digital economy" ("pour la confiance dans l'économie numérique") and Law No. 78-17 of 6th January 1978 related to "computer, data and civil rights" ("relative à l’informatique, aux fichiers et aux libertés").

French courts are territorially competent for all litigation related to the Website.